Terms of Service

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Most Wanted Advertising, Inc. End User Agreement

Your use of any of Most Wanted Advertising, Inc. services is subject to the End User Website Agreement in its entirety.

MostWantedWebDesign.com is a division of Most Wanted Advertising, Inc.

Introduction:  Most Wanted Advertising, Inc., heretofore referred to as MWA, through its websites located at MostWantedAdvertising.com, MostWantedWebDesign.com and MostWantedRealEstateSites.com provides you with website graphics, web design, and web hosting and grants you the non-exclusive, non-transferable right to use the supplied graphics and supplied code and software on a monthly basis as long as all fees due are paid in full and your account is in good standing.  MWA reserves the right to terminate your use of supplied graphics and supplied code and software in the event you have not abided by the rules of this agreement or your payment for any fees due are more than 10 days delinquent.  The website tools, website design, hosting and/or support services you purchase from MWA, are referred to as the "Services."

Term.  MWA products are not available for a trial period.  The initial term of this agreement is determined by the original order form or request, or if no length is specified, the term is 30 days.  The initial term shall begin upon your acceptance of this agreement.  It is then automatically renewed for 30 days at a time unless either party terminates with a 10-day written notice.  Each 30-day period will be referred to as "Term."

Payments.  You agree to pay MWA for products and services you purchase in accordance to the current rates listed at MostWantedWebDesign.com or MostWantedAdvertising.com and/or any otherwise mutually agreed upon fees as they are incurred and in accordance with the agreement at the time of purchase.  All payments made or previously due based on the terms of this agreement are non-refundable or non-cancellable.  Unless otherwise agreed, all payments are due at the beginning of the term.  If your payment is more than 10 days delinquent your services will be suspended, then terminated.  You are responsible for payment whether or not you utilize the site and Services unless cancelled with a 30-day written notice.  MWA may immediately suspend or terminate your Services without notice if you fail to pay when payment is due.  MWA may charge a reinstatement fee if your account has been suspended or terminated.

Ownership. MWA and its licensors own rights, title, and interest to specific software or design that may or may not be part of your website.  There are many parts to a website.  The basic website design may be transferred to another host, however, if you have a RETS feed, that is non-transferable.  Licenses purchased by MWA are also non-transferable.  Some parts of your site may not work correctly with other hosting companies, depending on their capabilities.  You acknowledge this and understand that you may be able to transfer the basic site, but parts of it may not transfer, depending on the components.  You need to speak to MWA prior to transferring your site.

Maintenance.  You hereby acknowledge that MWA is not responsible for updating the content of your site.

Content Provided by User. Portions of your site may contain user-provided or third party content.  For content provided by the user, the user is the owner and MWA is a distributor.  By submitted the content on your site, you grant MWA, as the website host, a limited license to use and distribute the content, including content belonging to a third party or co-brander.  You agree to ensure content you provide does not violate copyright or intellectual rights. MWA reserves the right to remove illegal, obscene, or defamatory information or information that incites hate or violence.

Domain Names. MWA works with a third party domain name vendor who are ICANN accredited to provide you with domain registration.

Email Opt-In.  You agreement to opt-in to MWA's email list and agree to allow MWA to periodically send emails to your email account of record.  MWA may send you notices of account changes, new services available, and other updates as necessary.  MWA will provide an opt-out link if you choose not to continue to receive our email messages.

Internet Interruptions.  MWA may be subject to delays, limitations, or other interruptions in the use of the internet.  MWA is not responsible for these delays.

Indemnification. You will indemnify, hold harmless, and defend MWA and its licensors and service providers and its and their employees, officers, directors, and agents from and against any and all claims, damages, losses, liabilities, suites, actions, demands, proceedings (legal or otherwise) and expenses whether threatened, asserted, or files by a third party arising out of or relating to any use of the Services, including any violation of Terms of Use or Acceptable Use.

Warranties. MWA makes NO WARRANTIES in regards to its service.  MWA will make best efforts in providing the highest quality of service.  You agree that your use and any other users' use of Services, or third party service providers, is at your own and their own risk.  Our Services are provided on an "as is" and "as available" basis.  We make no warranty that internet service or third party services will be uninterrupted, timely, secure, or error free.

Governing Law.  All parties agree that in the event a dispute arises, it will be governed by the state of Montana. The prevailing party shall be entitled to costs and reasonable attorneys fees.

Assignment. This agreement is binding and non-assignable without the express written agreement of MWA.  

Cancellation. You may terminate this End User Website Agreement at least 10 business days prior to the end of the term by providing a written cancellation notice via mail or email.  Cancellation can only be made by the primary contact person on the account.  Fees paid or due will not be refunded.

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